How To Ask The Court To Change Or Enforce An...
August 15, 2008 Family - Motion How To Ask The Court To Change Or Enforce An Order In Your Case (Family Multipurpose Post-Judgment Motions) Who should use this packet? Use this packet if you have an order from the court that you want to have changed or enforced. Some types of motions you can use this packet for are: A Motion to Increase or Decrease Child Support payments. A Motion to Increase or Decrease Alimony or Spousal Support payments. A Motion to Change the Custody arrangements of a minor child. A Motion to Change the Visitation/Parenting Time arrangements in your case. A Motion to Enforce Litigants’ Rights. (This includes enforcing custody, visitation, child support and alimony or spousal support payment orders.) A Motion for Emancipation of a Child (Termination of child support obligation). A Motion for Reimbursement of Medical Expenses. A Cross-Motion responding to one of the Motions listed above. Please read page 2 for a description of the motions listed above. DO NOT complete this packet if your court order requires payment of child support, alimony or spousal support directly to you and your only request is that these payments be made through the Probation Division. In this case, you should contact your county Probation Division directly. DO NOT use this packet if your case begins with the letters “FD” unless you are confined in jail. What do you need to complete this packet? Read all instructions on pages 7-15 before starting to complete the forms. Read the definition of terms on page 6 to help you understand the words used in this packet. Gather copies of any signed orders, written agreements, Judgments of Divorce, Case Information Statements, and papers that relate to your case, before starting to fill out the packet. This information is needed to complete the attached forms. Note: Complaints, motions and other papers submitted to the court should be in English Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 1 of 28 Descriptions Of Motions That You Can File With This Packet Motion to Increase or Decrease Child Support payments: If you are receiving child support payments, you can file this motion to ask the court to increase the amount of child support you are receiving. If you are paying child support, you can use this packet to file a motion to ask the court to decrease the amount of child support you have to pay. Motion to Increase or Decrease Alimony or Spousal Support payments: If you are receiving alimony or spousal support, you can file this motion to ask the court to increase the amount of alimony or spousal support payments you are receiving. If you are paying alimony or spousal support , you can use this packet to file a motion to ask the court to decrease the amount of alimony or spousal support you have to pay. Motion to Change the Custody Arrangements of a minor child: If a judge in your case has issued a custody order which outlines the custody arrangements between you and the other party, and you wish to change that arrangement, you can use this packet to ask the court to change its original custody order. Motion to Change Visitation/Parenting Time arrangements: If a visitation and/or parenting time arrangement has been previously established in your case and you wish to change this arrangement, you can use this packet to ask the court to make a minor or major change to that arrangement. Motion to Enforce Litigants’ Rights: If you have obtained a court order in your case directing the other party to do something or not do something and the other party is not following the court’s order, you can use this motion to ask the court to ensure that the other party does so. Motion for Emancipation of a Child: If you have been paying child support for your child and you think that your child is no longer entitled to receive child support, you can use this packet to request the court to end your support obligation. This motion is usually filed when the child turns 18 or is no longer a full time student, whichever is the last to occur. Motion for Reimbursement of Medical Expenses: If you have paid certain medical expenses for your child and you wish to seek reimbursement from the other party for these expenses, you can use this packet to ask the court to order the other party to reimburse you for these medical expenses. Cross-Motion responding to one of the Motions listed above: A cross-motion is a motion filed by the party responding to the original motion and relating to the same subject as the original motion. It may be filed in addition to the opposition to the original motion The cross-motion asks the court to order something be done for the party responding to the original motion. Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 2 of 28 What deadlines do you need to meet? You must tell the other party in writing when the motion may be heard by the court. That is, include the time and date of the scheduled motion hearing. Refer to the motion date on your Notice of Motion (Form A) to understand your deadlines. You must get the papers to the other person in the case or to his/her lawyer at least 24 calendar days before the motion is scheduled to be heard by the court. NOTE: If you are sending your motion by mail, you must mail it at least 27 calendar days before the motion is scheduled to be heard by the court. This allows 3 calendar days for mailing and delivery. These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-represented litigants. The guides, instructions, and forms will be periodically updated as necessary to reflect the current New Jersey statutes and court rules. The most recent version of the forms will be available at your county courthouse or on the Judiciary’s Internet site (njcourtsonline.com). However, you ultimately are responsible for the content of your court papers. Send completed forms to: Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 3 of 28 Things to Think About Before You Try to Represent Yourself in Court Try to Get a Lawyer The court system can be confusing and it is a good idea to get a lawyer if you can. If you cannot afford a lawyer, you may contact the legal services program in your county to see if you qualify for free legal services. Their telephone number can be found in your local yellow pages under “Legal Aid” or “Legal Services.” What You Should Expect If You Represent Yourself While you have the right to represent yourself in court, you should not expect special treatment, help, or attention from the court. The following is a list of things court staff can and cannot do for you. If you do not qualify for free legal services and need help in locating an attorney, you can contact the bar association in your county. The telephone number can also be found in your local yellow pages. Most county bar associations have a Lawyer Referral Service. The county bar association Lawyer Referral Service can supply you with the names of attorneys in your area willing to handle your particular type of case and sometimes consult with you for a reduced fee. There are a variety of organizations of minority lawyers throughout New Jersey, as well as organizations of lawyers who handle specialized types of cases. Ask the Family court staff in your county for a list of lawyer referral services that include these organizations. We can explain and answer questions about how the court works. We can tell you what the requirements are to have your case considered by the court. We can give you some information from your case file. We can provide you with samples of court forms that are available. We can provide you with guidance on how to fill out forms. We can usually answer questions about court deadlines. We cannot give you legal advice. Only your lawyer can give you legal advice. We cannot give you an opinion about what will happen if you bring your case to court. We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service. We cannot talk to the judge for you about what will happen in your case. We cannot let you talk to the judge outside of court. We cannot change an order issued by a judge. Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 4 of 28 Keep Copies of All Papers Make and keep for yourself copies of any signed orders, written agreements, Judgments of Divorce, Case Information Statements, and other important papers that relate to your case. Delivering Papers to the Correct People The instructions in this packet will tell you to mail or deliver copies of all letters, motions, certifications, orders or other papers to the lawyer representing the other person in the case. However, if the other person in the case does not have a lawyer and is representing himself or herself, then you must send those copies to that person. If you mail your papers, we strongly recommend that you use certified mail, return receipt requested. This will provide you with a green receipt card that can serve as proof that you mailed the papers to the right place. Your post office can tell you how to send things by certified mail, return receipt requested. If You Want to File an Appeal, Not a Motion An appeal is a written request asking a higher court to look at the decision of the judge and change that judge's decision. You must make that written request for an appeal within 45 days after the judge decided the case and signed a judgment in the Superior Court. If you want to file an appeal of a court order, do not use this packet of materials. Instead you should contact the Appellate Division in writing or by phone at: Appellate Division Superior Court, Hughes Justice Complex P.O. Box 006 Trenton, NJ 08625-0006 Their telephone number is (609) 292-4822. The Appellate Division staff will provide you with information on how to file an appeal. +++++++ These Papers Are for Filing a Motion The word motion used in this packet means a written request in which you ask the court to change or enforce an order it has already made. The court will change an order only if important facts or circumstances have changed from the time the order was issued. This is different from an appeal. Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 5 of 28 Definitions of Some Words Used In This Packet Affidavit: An affidavit is a notarized written statement made to the court when you file papers with the court swearing that the information contained in the filed papers is true. Appeal: An appeal is a written request asking a higher court to look at the decision of the judge and change that judge’s decision. Arrears: The word arrears means unpaid or overdue child support, alimony or spousal support payments. Caption: The caption is how the parties’ names were written in the original papers filed for your divorce or child support. Certification: A certification is a written statement made to the court when you file papers with the court, swearing that the information contained in the filed papers is true. Defendant: The defendant is the person against whom the court action was originally filed. Exhibits: Exhibits are papers and information you provide to support what is in your motion. File: To file means to give the appropriate forms to the court to begin the court’s consideration of your request. Motion: A motion is a written request in which you ask the court to issue an order, or to change an order it has already issued. Order: An order is a signed paper from the judge telling someone they must do something. Party: A party is a person, business or governmental agency involved in a court action. Pro Se: The term Pro Se means that you are representing yourself in court without a lawyer. Plaintiff: The plaintiff is the person who filed the original court action. Relief: To ask for relief is to ask the court for something. Substantial Change: A substantial change, as used in this packet, means a significant change in your situation or circumstances affecting your case. Warrant: A warrant is a notification to law enforcement that a person should be arrested when found. Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 6 of 28 How to Ask the Court to Change or Enforce an Order in Your Case The numbered steps below tell you what forms you will need to fill out, and what to do with them. Each form should be typed or clearly printed on 8 ½” x 11” white paper only. Forms should not be filed on different size or color paper. Use only the forms included in this packet. Be sure to keep a copy for your records. Step 3: Fill out the Certification (Form B) On the Certification form, type or print the specific reasons you think the court should agree to the things you are asking for in your Notice of Motion. The reasons you give to the court must be based on the facts that you know are true. Type or print the details about the events that led up to your filing this motion. If you are filing a Motion to Increase / Decrease child support payments, you need to know that Child Support Guidelines are used in New Jersey to determine child support awards (N.J. Court Rule 5:6A). A copy of the New Jersey Court Rules is available in all county law libraries. You must include with the completed Certification form a copy of all previous orders. You should also attach copies of any other papers that will prove that the things you say in your Certification are true, such as pay stubs or federal or state tax returns. These other papers are also called exhibits. Step 1: Fill out the Notice of Motion (Form A) The Notice of Motion form tells the court and the other party the things you want the court to do. It also tells the other person in the case and the court the date the motion will be heard. Step 4: Fill out the Proposed Order (Form C) You should include in the Proposed Order all the things that you are asking the court for in your Notice of Motion. If the judge grants your motion after the hearing, the Proposed Order is the form the judge will sign. If the judge does not agree with everything you asked for, he or she may change your Proposed Order. The original and two copies of the Proposed Order must be attached to your Notice of Motion when you deliver it to the court, along with a stamped self-addressed envelope. Step 2: Call to get a court date for your motion. You must call the Family Division Manager's office in the county where you are filing your papers to schedule the date that the judge will hear and consider your motion. You can ask the court staff for a list of motion dates for the county in which you are filing. Fill in that date on your Notice of Motion form. NOTE: The date you are initially assigned may change depending on the judge's schedule. If that happens, the court will contact you and all parties listed in your papers. Step 5: Fill out the Certification of Filing and Service (Form D) This step tells the court: That you delivered or mailed by regular and certified mail, return receipt requested, all the papers in your motion to the other party within the time required by the court rules for your motion; or Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 7 of 28 That you delivered or mailed by regular and certified mail, return receipt requested, all the papers in your motion to the other party's current lawyer (if you know who the lawyer is), within the time required by the court rules for your motion; and How you got the papers to the other party or to his or her current lawyer (if you know the lawyer). You must tell the court whether the papers were delivered in person or sent by regular and certified mail, return receipt requested. Step 6: Fill out the Notice to Litigants (Form E) The Notice to Litigants form lets the other party know how to respond to your Notice of Motion. Your motion could be dismissed if your motion papers do not include the Notice to Litigants. STEP 7: (Only complete this step if you are paying or receiving child support payments and want to change that order.) Fill out the Statement for the Probation Division (Form F) You must fill out this form if you are filing a Motion to Increase or Decrease Child Support payments that are paid to or received through the Probation Division. The form helps Probation know what the court has ordered so that it can keep track of child support payments in the case. If you are not paying or receiving child support through the Probation Division, but are filing a Motion to Increase or Decrease Child Support payments, do not complete this form, instead go directly to Step 8. STEP 8: Divorce Cases Only: (Only complete this step if you have filed for divorce - your docket number starts with the letters “FM”). Fill out the Case Information Statement (CIS) The Case Information Statement is not included in this packet. You must pick up a copy of the Case Information Statement at the Family Division Intake Unit of your local county courthouse or download a copy from the Judiciary website and submit it with this packet. Make an extra copy of this form before filling it out. If you are divorced and want to ask the court to change an order in your case, then you must complete this form. The CIS tells the court your current financial status and must be attached to your Notice of Motion. You need to make an extra blank copy of the CIS before filling it out, so you can include it in the packet of papers you mail or deliver to the other party. The other party must also complete a CIS and mail or deliver one completed copy back to you and one completed copy to the court. If you have completed a CIS before in this case, attach a copy of it to the CIS you just completed, and mail or deliver it to the court with your papers. OR Step 9: Non-Divorce Cases: Fill out the Financial Statement for Summary Support Actions (Form G) If you are not married, or if you are married, but legally separated, and you are filing a Motion to Increase or Decrease Child Support Payments, you must fill out the Financial Statement for Summary Support Actions form. The Financial Statement for Summary Support Actions form tells the court your current financial status and must be attached to your Notice of Motion. Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 8 of 28 The Financial Statement is included as Form G to this packet. Make an extra blank copy of this form before filling it out. You must include the extra blank copy of the Financial Statement for Summary Support Actions in the packet of papers you mail or deliver to the other party. The other party must also complete a Financial Statement for Summary Support Actions and mail or deliver one completed copy to you and one completed copy to the court. Step 12: Mail or deliver your package of completed papers to the court and the other party in the case. Remove all instruction sheets before you send the packet of completed forms to the court. Keep one copy of the entire packet for your own records. Follow the guidelines below on how to mail or deliver your completed forms. If you have completed a Financial Statement for Summary Support Actions before in this case, attach a copy of it to the Financial Statement for Summary Support Actions you just completed, and mail or deliver it to the court with your papers. Make 3 copies of the entire packet of the Step 10: Fill out the Letter to the Clerk (Form H) Complete the form letter addressed to the Clerk of the Superior Court, Attn: Family Division Manager (or the name of the county). You must include with this letter a $30 check or money order payable to the Treasurer, State of New Jersey, and a stamped return envelope addressed to yourself. Do not send cash. This letter must be the first page of the packet of papers that you file with the court. Step 11: Check your completed forms. Check your forms and make sure they are complete. Remove all instruction sheets. Make sure you have signed the forms wherever necessary. Checklist: completed forms, and 2 extra copies of the proposed order. Mail or deliver the following items to the court: o The original and one copy of all the forms; and o Two extra copies of the proposed order. Mail or deliver one copy of the entire packet of completed forms to the other party or his/her current lawyer, if known. REMINDER: Keep one copy of the entire packet for your own records. You can deliver the forms to court in person or you can mail them. If you are mailing the papers, use regular and certified mail with return receipt requested. This will provide you with a green receipt card that can serve as proof that you mailed the papers. Your post office can tell you how to send certified mail with return receipt requested. Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 9 of 28 Attention: If any person named in the Notice of Motion is receiving public assistance and this motion involves child support, you must also send a copy of the packet to the Social Services agency in the county that is providing assistance to that person and/or child(ren). If this applies to you, then you must make an extra copy of the entire packet of completed forms, and an extra copy of the Proposed Order. Mail or deliver one copy of the entire packet to the Social Services agency providing public assistance. Mail or deliver one copy of the entire packet to the county Probation Division if you are filing a Motion to Increase or Decrease Child Support and/or Alimony or Spousal Support payments and those payments are handled through the county Probation Division. Deadlines You must get the motion papers to the other person in the case or to his or her lawyer at least 24 calendar days before the motion is scheduled to be heard by the court. If you are sending your motion by mail, you must mail it no later than 27 calendar days before the motion is scheduled to be heard by the court. This allows three days for mailing and delivery. Checklist: Make sure you have all of the following items and that they are in this order: Letter to the Clerk of the Superior Court. $30 money order or check. Make the check or money order payable to, Treasurer, State of New Jersey. Do not send cash. If you pay in person, keep the receipt you get from the court staff for your records. Stamped return envelope addressed to yourself. Notice of Motion. Certification. Any papers to support your motion (called exhibits), including all prior orders. Proposed Order. Certification of Filing and Service. Notice to Litigants. Statement to the Probation Division, if required (See Step 7). Case Information Statement (CIS), if applicable to you (see Step 8). Also attach a copy of the most recent CIS you filed in this case, if any; or Financial Statement for Summary Support Actions, if applicable to you (see Step 9). Also attach a copy of the most recent Financial Statement for Summary Support Actions you filed in this case, if any. Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 10 of 28 Instructions for Notice of Motion (Form A) A. Type or print on the first five lines, your name, current address and phone numbers. Type or print your name and check whether you are the plaintiff or the defendant. You remain the same party as you were in the original complaint filed with the court. If you were the defendant in the original complaint, you are still the defendant in this motion. If you were the plaintiff in the original complaint, you are still the plaintiff in this motion. B. Type or print the name of the county where you are filing this motion. This should be the county where the original case was heard. Type or print the case docket number as it appears on your original court order. C. Type or print the name and address of the other party’s lawyer, if they have one. If they don’t have one, type or print the name and address of the other party. D. If you pay or receive child support through a county Probation Division, type or print the name and address of the county Probation Division. Do not complete this if you do not pay or receive child support payments through the Probation Division. E. Check off the motion or motions you want the court to consider in the case. F. In each paragraph (1-4) type or print a short and clear statement explaining what you are asking the court to do. Use as many paragraphs as you need. Some examples of what you might type or print in this section are: a week to The child support payments should be increased or decreased from $ $ a week; The custody status of my child should be changed because it is in the best interest of my child; The parenting visitation time should be increased from hours per week to hours per week; The alimony or spousal support payments should be increased or decreased from $ a week to $ a week; An order was previously entered by the court and is not being complied with by [name of other party] and the court should issue an order to Enforce Litigants’ Rights to have the other party comply with the court’s order. [List the type of order that has been violated.] [Name of the other party] should repay to me $ as reimbursement for medical expenses. G. If you pay or receive child support payments through the Probation Division or if you otherwise have a child support account number, type or print the name of the Probation Division as well as your child support (CS) number in paragraph 5. The child support account number begins with the letters CS. If you do not pay or receive child support through the Probation Division, you may not have a child support number. If this is the case, leave this section blank. H. In paragraph 7 tell the court whether you want an oral argument to be scheduled. An oral argument is when you and the other party go in front of the judge at the same time and both you and the other party tell the judge about your case. Type or print your name and check whether you are the plaintiff or the defendant. Check whether you want or do not want oral argument. If oral argument is not requested, the motion will be decided by the judge based on the papers you and the other party submit. Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 11 of 28 Instructions for Certification (Form B) A. Type or print on the first five lines, your name, current address and phone numbers. Type or print your name and check whether you are the plaintiff or the defendant. You remain the same party as you were in the original complaint filed with the court. If you were the defendant in the original complaint, you are still the defendant in this motion. If you were the plaintiff in the original complaint, you are still the plaintiff in this motion. B. Type or print the name of the county where you are filing this motion. This should be the county where the original case was heard. Type or print the case docket number as it appears on your original court order. C. Check off the motion or motions you want the court to consider in the case. D. In paragraph 2, type or print the specific facts explaining why you are filing this motion. You need to explain in detail the following reasons for your request: For a Motion to Increase or Decrease Child Support, Alimony or Spousal Support payments: Why the court should modify your existing child support, alimony or spousal support order. For a Motion to Change the Custody arrangements of a minor child: Why the court should change your existing custody order. For a Motion to Change the Visitation/Parenting Time arrangements: Why the court should change your existing parenting time or visitation order. For a Motion to Enforce Litigants’ Rights: Explain that an order was previously issued by the court in this case and describe how and when the other party has not complied with the court’s order. For a Motion for Emancipation of a Child: Why the court should find that your child is an adult and end your child support payments. For a Motion for Reimbursement of Medical Expenses: Why the court should order the other party to reimburse you for certain medical expenses. Describe the expenses in detail and document payments by health insurance. For a Cross-Motion responding to one of the motions listed previously: Why the court should order something to be done for the party responding to the original motion. Include all important information and any relevant dates. Type or print only one fact for each lettered paragraph. You may add as many lettered paragraphs as you need to state all the facts that support your requests. Attach additional 8 ½” x 11”. sheets of white paper, if necessary. Be sure to state specific facts that explain in detail why the court should grant your motion. If the existing order has not been followed, state specific examples of how the existing order has not been followed. Remember to attach the original order and any other previous court orders or other documents (exhibits) that support your requests and the statements in your Certification. These documents should be mentioned in your Certification. Make sure to mark them “1...2....3, etc.” in the upper right hand corner, and attach them to the Certification. Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 12 of 28 Instructions for Preparing a Proposed Order (Form C) A. Type or print on the first five lines, your name, current address and phone numbers. Type or print your name and check whether you are the plaintiff or the defendant. You remain the same party as you were in the original complaint filed with the court. If you were the defendant in the original complaint, you are still the defendant in this motion. If you were the plaintiff in the original complaint, you are still the plaintiff in this motion. B. Type or print the name of the county where you are filing this motion. This should be the county where the original case was heard. Type or print the case docket number as it appears on your court order. C. Type or print the date your motion will be heard. This is the same date that is on your Notice of Motion form (Form A). (See Step 2 of the guide on page 7). Complete the rest of the information in the paragraph. D. Check off the type of motion or motions you want the court to consider in the case. E. In paragraph 1, type or print what you want the judge to order the other person to do. Type or print one relief for each letter paragraph. Include all of the things you asked for in your Notice of Motion. Some examples are: The child support payments in this case are increased or decreased from $ to $ a week; a week The custody status of the minor child is changed because it is in the best interest of the child; The parenting time/ visitation time is increased from hours per week; hours per week to The alimony or spousal support payments are to be increased or decreased from $ a week to $ a week; The child is emancipated as of his/her 18th birthday and all support obligations are hereby terminated effective (date). NOTE: For a Motion to Enforce Litigants’ Rights, leave the relief section blank for the judge to complete. F. Complete paragraph 2 only if you are filing a motion to increase or decrease child support: If you pay or receive child support payments through the Probation Division or if you otherwise have a child support account number, type or print that number in paragraph 2. The child support account number begins with the letters “CS.” If you do not pay or receive child support through the Probation Division, you may not have a child support account number. If this is the case, leave this section blank. Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 13 of 28 Instructions for Certification of Filing and Service (Form D) Include the Certification of Filing and Service (Form D) when you file your motion with the court. You must send copies of your motion to the other party or the other party’s lawyer in order to have your motion heard by a judge. (See Step 5 starting on page 7 of this packet.) Instructions for Notice to Litigants (Form E) IMPORTANT: You must include the Notice to Litigants form in your motion packet or the court will not file your motion. (Rule 5:5-4 (d) - Motions in Family Actions). This form gives the other party or the other party’s lawyer important instructions. Read the form carefully. Type or print in the spaces provided, the name, address, city/town, state, and zip code of the county courthouse of the county in which you are filing your motion. This is the same information that is on the first page of the Notice of Motion (Form A). Instructions for Statement for the Probation Division (Form F) NOTE: Only complete this form if you receive child support, alimony or spousal support payments through the probation division. If you do not receive child support, alimony or spousal support payments through the probation division, do not complete this form. A. Type or print the plaintiff and defendant’s names from your Notice of Motion (Form A). Type or print the plaintiff and defendant’s current employer and address. B. Type or print your child support account number. This account number begins with the letters “CS” and should be on your original order. Type or print the name of each child for which child support has been ordered and his or her address. Attach additional sheets of 8 ½” x 11” white paper, if necessary. C. Type or print the mother’s name, father’s name, and the name of each child. For each person listed type or print his or her date of birth where it says DOB, and his or her social security number. Attach additional sheets of 8 ½” x 11” white paper, if necessary. D. Type or print additional information about licenses that any party may have or any insurance information, if known. Instructions for completing Financial Statements for Summary Support Actions (Form G) A. Fill in the names of the parties and the financial information as it pertains to your case. B. Closely follow the instructions set forth in Step 9 of this packet. Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 14 of 28 Instructions for Letter to the Clerk (Form H) A. Type or print on the first six lines, your name, current address, phone numbers and date. B. Type or print the name of the county, the street address, the city, state and zip code. C. Type or print the name of the plaintiff and defendant, and docket number of your case as it appeared on the original complaint. D. Type or print the name of the person who received your motion papers. If it was the other party, write the party’s name. If it was the other party’s lawyer, write his/her name. Sign your complete name on the signature line. E. Type or print the name of the other party’s lawyer if he/she received a copy of your motion papers or write the name of the other party if the party received your motion papers. Write the name of the county Probation Division if you receive or make child support payments through Probation. Put this letter on top of your motion papers and then mail them to the Clerk of the Superior Court at your county courthouse. Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 15 of 28 Print All Forms New Jersey Judiciary Family Multipurpose Post-Judgment Motions Clear All Forms Form A - Notice Of Motion Your Name Street Address City/Town Daytime Telephone Number Evening Telephone Number Your Name (Name as it appears in original caption) Plaintiff, apt./fl. Zip Code State (check one) Plaintiff Defendant SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION-FAMILY PART COUNTY NAME DOCKET NO. F V- v. Civil Action NOTICE OF MOTION (Name as it appears in original caption) Defendant TO: (Other party’s lawyer, if any) (See Below) (Other party) (County Probation Division) PLEASE TAKE NOTICE that on Friday, or as soon after that as the matter may be heard, at 9:00 a.m., the plaintiff defendant will apply to whichever judge is hearing matters in the Superior Court, Chancery Division - Family Part, County, at the County Courthouse, (city or town where the courthouse is located) , New Jersey for an order to: (your name) (check one) Increase / Decrease Child Support payments Increase / Decrease Alimony payments Increase / Decrease Spousal Support payments Change Custody arrangements Change Visitation arrangements Enforce Litigants’ Rights Emancipate a Child (terminate child support) Reimburse Medical Expenses Other (Specify): MOTION TO DISMISS TRO Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 16 of 28 (Type or print what you are asking the court to do. Attach additional sheets of 8 1/2” x 11" white paper, if necessary.) 1. In the interest of justice, I request the Honorable Judge __________________, JSC to Dismiss the TRO against me as unsubstantiated. 2. 3. 4. 5. Require the (County) Probation Division to adjust its records in accordance with this order for Child Support account CS and reissue any orders of income withholding if necessary; 6. Or such other relief as the Court may deem equitable and just. 7. I (check one) do do not want oral argument. Date: Sign: (Sign your name) (Check one) Plaintiff (Date you sign the form) Defendant If you are scheduled to have oral argument and need an interpreter, please complete this section: I will need an interpreter for the language. (Type or print the name of the language that needs interpreting) Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 17 of 28 FORM B CERTIFICATION IN SUPPORT OF A MOTION Your Name:___________________________________________________________________________ Street Address: ____________________________________ apt./ fl.____________ City/ Town, State, Zip Code: _____________________________________________________________ Daytime Telephone Number: _____________________________________________________________ Evening Telephone Number: _____________________________________________________________ Your Name: ____________________________ _______________________________ (Name as it appears in original caption) Plaintiff, (check one) __ Plaintiff __ Defendant SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION-FAMILY PART COUNTY NAME _______________________ V- ___________________ DOCKET NO. F____v. Civil Action _______________________________ (Name as it appears in original caption) Defendant CERTIFICATION IN SUPPORT OF A MOTION I, (your name) ____________________________, of full age, hereby certify: 1. I am the (check one) __ plaintiff __ defendant in this matter and I am filing this Certification in support of my Notice of Motion to: ______ Increase/ Decrease Child Supports payments ______ Increase/ Decrease Alimony payments ______ Increase/Decrease Spousal Support payments ______ Change Custody arrangements ______ Change Visitation arrangements ______ Enforce Litigants= Rights ______ Emancipate a Child (terminate child support) ______ Reimburse Medical Expenses ______ Other (Specify): MOTION TO DISMISS TRO _____________________________ 2. Explanation of facts: a. ________________________________________________________________________________ _ ____________ _________________________________________________________________ _ b. _______________________________________________________________________________ _ _______________ ____________________________________________________________ ____ (Attach additional sheets of 8 2" x 11" white paper, if necessary.) I certify that the statements made above are true. I am aware that if any of the statements made by me are willfully false, I am subject to punishment by the Court. Dated: _________________________ (Date you sign the form) ____________________________ (Sign your name) (check one) __ Plaintiff __ Defendant Remember to attach all copies of exhibits, orders, case information statements, etc., to this form. Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 18 of 28 FORM C PROPOSED ORDER Your Name ______________________________________________________________________ Street Address_____________________________________ apt./fl.________ City/ Town, State, Zip Code_________________________________________________________ Daytime Telephone Number________________________________________________________ Evening Telephone Number ________________________________________________________ Your Name ____________________________________ _______________________________ (Name as it appears in original caption) Plaintiff, (check one) __ Plaintiff __ Defendant SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION-FAMILY PART COUNTY NAME _______________________ V- ___________________ DOCKET NO. F____v. Civil Action ORDER _______________________________ (Name as it appears in original caption) Defendant THIS MATTER being opened to the court on Friday, ______________________on a Notice of Motion to: ______ Increase/ Decrease Child Support payments ______ Increase/ Decrease Alimony payments ______ Increase/Decrease Spousal Support payments ______ Change Custody arrangements ______ Change Visitation arrangements ______ Enforce Litigants= Rights ______ Emancipate a Child (terminate child support) ______ Reimburse Medical Expenses ______ Other (Specify): ______________________________ MOTION TO DISMISS TRO filed by ______________________(check one) __ plaintiff __ defendant; and (leave blank, Judge will enter name of other party or their lawyer) ___________________________ appearing on behalf of the (check one) __plaintiff __ defendant; and the court having read and considered the certifications and other papers filed herein and having heard the arguments and considered the arguments of the parties and for good cause shown; It is now this (date) _______________________________ORDERED THAT: 1. The (check one) __ plaintiff __ defendant is hereby __ granted __ denied the following relief(s) : (See step 4) a. _____________________________________________________________________________ b. _____________________________________________________________________________ c. _____________________________________________________________________________ d. _____________________________________________________________________________ (Attach additional sheets of 8 2 "x 11" white paper if necessary). Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 19 of 28 Additional Relief. (Leave these lines blank for the Judge). _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________ 2. The __________________________ (County) Probation Division responsible for this matter shall make any adjustments to the account (See Instruction for form D) (Child Support number ) CS_____________________________ required by this order and reissue, if necessary, any income withholding orders. ________________________________ , J.S.C. Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 20 of 28 FORM D CERTIFICATION OF FILING AND SERVICE I hereby certify that the original of the attached Notice of Motion, the original of the attached supporting Certification, and the original and two copies of the Proposed Order are being filed with the Clerk of the Superior Court at the (name of County) ____________ Family Division Manager=s Office. In addition, I certify that I served a copy of this motion (check one) _____ personally on the person(s) or attorney(s) listed below _____ by mailing it on this date to the person(s) or attorney(s) listed below by regular and certified mail. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. ___________________________ (Name) _________________________________ (Name) ________________________ (Certified Mail Number) ______________________________ (Certified Mail Number) ___________________________ (Address) _________________________________ (Address) ___________________________ (City, State & Zip Code) _________________________________ _________________________ (Name) ______________________________ ___________________________ (Certified Mail Number) _________________________________ (Certified Mail Number) ___________________________ (Address) _________________________________ (Address) ___________________________ (City, State & Zip Code) _________________________________ (City, State & Zip Code) DATE: _____________________ SIGNATURE: _____________________ (Type or Print) Name:__________________ (Check One) ___Plaintiff ___Defendant (City, State & Zip Code) (Name) Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 21 of 28 Form E NOTICE TO LITIGANTS: IF YOU WANT TO RESPOND TO THIS MOTION YOU MUST DO SO IN WRITING This written response shall be by affidavit or certification. (Affidavits and certifications are documents filed with the court. In either document the person signing it swears to its truth and acknowledges that they are aware that they can be punished for not filing a true statement with the court. Affidavits are notarized and certifications are not.) If you would also like to submit your own separate requests in a motion to the judge you can do so by filing a cross-motion. Your response and/or cross-motion may ask for oral argument. That means you can ask to appear before the court to explain your position. However, you must submit a written response even if you request oral argument. Any papers you send to the court must be sent to the opposing side, either to the attorney if the opposing party is represented by one, or to the other party if they represent themselves. The response and/or cross-motion must be submitted to the court by a certain date. All motions must be filed on the Tuesday 24 days before the return date. A response and/or cross motion must be filed fifteen days (Thursday) before the return date. Answers or responses to any opposing affidavits and cross-motions shall be served and filed not later than eight days (Thursday) before the return date. No other response is permitted without permission of the court. If you mail in your papers you must add three days to the above time periods. Response to motion papers sent to the court are to be sent to the following address: [Fill in the address of the Family Division in the county where this motion was filed. Address list is on page 28 of this packet.] ________________________________________________________________________________ ________________________________________________________________________________ Call the Family Division Manager's office (fill in phone number: _________________ ) if you have any questions on how to file a motion, cross-motion or any response papers. Please note that the Family Division Manager's office cannot give you legal advice. Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 22 of 28 FORM F STATEMENT FOR THE (Name of County)_____________________________ COUNTY PROBATION DIVISION The following information is submitted in compliance with Rule 5:7-4. Plaintiff=s name as it appears in the original caption, address and phone number. _____________________________________________________________________________________ Plaintiff=s employer=s name, address and phone number: _____________________________________________________________________________________ Defendant=s name as it appears in the original caption, address and phone number: _____________________________________________________________________________________ Defendant=s employer=s name, address and telephone number: _____________________________________________________________________________________ Child Support Account Number: CS_________________________________________________________ Children=s names and address(es): Child:__________________________________________________________________________________ Child:__________________________________________________________________________________ Child:__________________________________________________________________________________ Child:__________________________________________________________________________________ (Attach additional sheets of 8 2" x 11" white paper, if necessary.) Type or print the name, date of birth, and Social Security Number of: (See instruction C) Mother:_________________________ DOB _______________ Social Security #______________________ Father: _________________________ DOB _______________ Social Security # _____________________ Child:__________________________ DOB _______________ Social Security # ______________________ Child: _________________________ DOB _______________ Social Security # ______________________ Child: _________________________ DOB _______________ Social Security # ______________________ Child: _________________________ DOB _______________ Social Security # ______________________ Child: _________________________ DOB _______________ Social Security # ______________________ (Attach additional sheets of 8 2"x 11" white paper, if necessary.) Type or print the driver=s license information (state and number) of the parent paying child support: _______________________________ Type or print any professional license held by the parent paying child support, if known. For example: doctor, lawyer, electrician, plumber, hairdresser: _________________________________________________________________ Type or print health insurance provider=s name, address and policy number of the parent paying child support: _______________________________________________________________________________________ Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 23 of 28 Form G FINANCIAL STATEMENT FOR SUMMARY SUPPORT ACTIONS Attorney(s): Office Address and Tel. Nos.: Attorney for SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION – FAMILY PART Plaintiff vs. COUNTY OF DOCKET NO. Defendant V- FINANCIAL STATEMENT FOR SUMMARY SUPPORT ACTIONS PART A – PERSONAL INFORMATION: Provide the following information about yourself Name (last, first, middle): Social Security No.: Address: Home Phone No.: Employer: PART B – GROSS WEEKLY INCOME: Occupation: Report your weekly income. Divide monthly by 4.3; bi- weekly by 2. 1. Salary, wages, commission, bonuses and other payment for services performed: $ 2. Income from operating a business minus ordinary and Necessary expenses: $ 3. Social Security Retirement (over 62, green check): $ 4. Social Security Disability (green check): $ 5. Veterans’ Administration pension: $ 6. W orker’s compensation: $ 7. $ Other pensions, disability or retirement income: 8. Unem ployment compensation: $ Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 24 of 28 9. Interest, dividends, annuities or other investment income: $ 10. Income from the sale, trade or conversion of capital assets: $ 11. Income from an estate of a decedent (a will): $ 12. Alimony or separate maintenance from a previous marriage: $ 13. Income from Trusts: $ 14. Other income (specify): $ 15. Other income (specify): $ Total Gross Income (add lines 1 through 15): $ PART C – WEEKLY EXEMPTIONS: 0.00 Report the following deductions from your weekly income. 1. Number of tax exemptions claimed: 2. Mandatory union dues: $ 3. Mandatory retirement contributions: $ 4. Health insurance premium (must include child(ren) named in the complaint): $ 5 Case No. Alimony or child support orders paid (State: ): $ PART D – OTHER DEPENDENT DEDUCTION: Complete this section only if (1) you are legally responsible for supporting a child or children other than those named in the support complaint or application, (2) the child or children are living with you and (3) you are requesting credit for the amount spent on raising the other child or children when the support award is calculated. You are legally responsible for all children that are yours by birth or adoption. Answer the questions about the other parent of the child or children for whom you are requesting the credit (for example, your current spouse who is the biological mother/father of at least one of your children). 1. Number of other legal dependents (you must provide proof of the legal relationship: 2. Number of tax exemption the parent of the other child(ren) claims: 3. Weekly gross income of the parent of the other child(ren): $ 4. Mandatory union dues of the parent of the other child(ren): $ 5. Mandatory retirement contributions of the parent of the other child(ren): $ 6. Health insurance premiums paid by the parent of the other child(ren) $ 7. Alimony or child support orders paid by the parent of the other child(ren) $ Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 25 of 28 PART E – CREDIT FOR CHILD CARE EXPENSES: (Complete this section only if (1) you pay for work-related child care for a child or children for whom you and the other parent share a legal responsibility to support and (2) you are requesting a credit for these expenses when your support amount is calculated). 1. Annual child care cost (if paid weekly divide by 52; If monthly divide by 4.3): 2. Child care provider: $ PART F – INCOME PAID TO YOUR CHILD(REN) IN YOUR NAME: (Complete if your child(ren) receive(s) regular payment from a government source in your name (e.g., social security, black lung or veteran’s benefits). 1. Source of benefit(s): 2. Weekly amount of benefits (attach verification): $ PART G – HEALTH INSURANCE BENEFITS: Answer the following about your health insurance benefits. 1. Health insurance provider: 2. Includes child(ren) 3. Policy carrier: 4. Date coverage began: Yes No PART H – CERTIFICATION I certify that the foregoing statements made by me are true to the best of my knowledge. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment. Date: Signature: IMPORTANT: You must attach a copy of your last federal tax form or your three most recent pay stubs to verify your income. Self-employed persons and business owners must attach a copy of the most recent federal tax forms for their business. If you are requesting a credit or deduction, you must attach proof of your expenses or obligations. Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 26 of 28 FORM H LETTER TO THE CLERK OF THE SUPERIOR COURT Your Name _________________________________________________________Date___________ Street Address_____________________________________ apt./fl __________ City/ Town, State, Zip Code___________________________________________________________ Daytime Telephone Number___________________________________________________________ Evening Telephone Number ___________________________________________________________ Your Name _____________________________________ (check one) Plaintiff Defendant _____________________________________ Superior Court Clerk, Family Part. (Name of County) ___________________________________ (Street Address) ______________________________________ (City, State, Zip Code) Re:_______________________________________________________________________________ (Name of case, Plaintiff v. Defendant) Docket Number F_______-____________________________(Type or print docket number) Dear Sir or Madam: Enclosed is an original and one copy of a Notice of Motion and Certification as well as an original and two copies of the Proposed Order submitted by me in the above matter. Copies of these documents have been forwarded to (name of other party or other party=s lawyer)________________________________________. Please mark the copy of the Notice of Motion and Certification Afiled@ and return them in the enclosed envelope. Also, enclosed is a check made payable to Treasurer, State of New Jersey in the amount of $30 to pay for the fee fee for this service. Thank you for your cooperation in this matter. Very truly yours, _______________________________________ (Sign your name) Enclosures Copies to: ________________________________________________________ (Name of other party=s lawyer, if applicable) ________________________________________________________ (Name of other party) ________________________________________________________ (Name of County Probation Division collecting support, if applicable) Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) page 27 of 28 DIRECTORY OF SUPERIOR COURT FAMILY DIVISION OFFICES Below is a list of addresses and phone numbers for every Family Division in New Jersey. You must send your Motion to Increase or Decrease Child Support or Alimony Payments to the county where you are filing your case. Use this list of addresses to find the appropriate Superior Court to file your case. Atlantic County Gloucester County Ocean County Atlantic County Civil Courthouse Family Division, Direct Filing 1201 Bacharach Blvd., West Wing Atlantic City, NJ 08401 (609)-345-6700 Family Courthouse 2 South Broad Street Woodbury, NJ 08096 (856)-686-7400 Ocean County Dissolution Unit 214 Justice Complex 120 Hooper Avenue Toms River, NJ 08754 (732)-929-2033 Bergen County Hudson County Passaic County Justice Center, Room 119 10 Main Street Hackensack, NJ 07601 (201)-646-2540 Bail/ Probation/Family Fee Office Administration Bldg., Room 101 595 Newark Avenue Jersey City, NJ 07306 (201)-217-5296 Passaic County Superior Court Family Part County Administration Bldg. 8th Floor 401 Grand Street Paterson, NJ 07505 (973)-247-8459 Burlington County Hunterdon County Salem County Burlington County Central Processing Office Attention: Dissolution Intake Courts Facility, 1st Floor 49 Rancocas Road Mount Holly, NJ 08060 (609)-518-2621 Family Case Management Office Hunterdon County Justice Center 65 Park Avenue Flemington, NJ 08822 Family Court Intake Courthouse 92 Market St. P.O. Box 223 Salem NJ 08079 (856)-935-7510 Camden County Mercer County Somerset County Camden County Family Division Hall of Justice 2nd Floor 101 S. 5th Street Camden, NJ 08103-4001 (856) 379-2204 Family Case Management Office 175 S. Broad St., 2nd Floor P.O. Box 8068 Trenton, NJ 08650-0068 (609) -571-4200 Family Case Management Office Courthouse, 2nd Floor P.O. Box 3000 Somerville, NJ 08876-1262 (908)-231-7600 Cape May County Middlesex County Sussex County Superior Court Chancery, Family Part 4 Moore Road Cape May Courthouse, NJ 08210 (609)-463-6600 Family Part Intake Reception Team Family Courthouse 120 New St. P.O. Box 2691 New Brunswick, NJ 08903-2691 (732)-981-3008 Sussex County Family Division Sussex County Judicial Center 43-47 High Street Newton, NJ 07860 (973)-579-0630 Cumberland County Monmouth County Union County Cumberland County Courthouse Broad & Fayette Streets P.O. Box 816 Bridgeton, NJ 08302 (856)-453-4564 Family Part, Courthouse 71 Monument Park P.O. Box 1252 Freehold, NJ 07728-1252 (732)-677-4050 Dissolution Assignment Office New Annex Bldg.; Courthouse 2 Broad Street Elizabeth, NJ 07207 (908)-659-3314 Essex County Morris County Warren County Family Division Dissolution Unit Wilentz Justice Complex, Room 113 212 Washington Street Newark, NJ 07102 Morris County Family Division Family Intake Courthouse P.O. Box 910 Morristown, NJ 07963-0910 (973)-285-6386 Family Division Dissolution Unit Courthouse 413 Second St.; P.O. Box 900 Belvidere, NJ 07823-1500 (908)-475-6150 Revised: 8/15/2008, CN 10483-English (How to Ask the Court to Change or Enforce an Order in Your Case) Revised 04/15/2009, CN 11297-English page 28 of 28
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